0  \ 
0 : 
0 : 

2 
7 
4 

0 
4 
0 


L- 


BTSTUUCTIOIN^S  AA^D  FORMS 


TO   BE  OBSERYED   IN   APPLTINO   FOK 


NAYY     PENSIONS 


CNDEE  THE 


ACT    OF    JULY    14,    1862 


u.  ^ 


,  r  a  'h.O 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 

1862.  '  • 


M    LIB 


PENSION  ACT  OF  JULY  14,  1862. 


GENERAL   PROVISIONS. 


Under  the  act  of  Congress  approved  July  14,  1862,  pensions  are 
granted  to  the  following  classes  of  persons: 

I.  Invalids,  disabled  since  March  4,  1861,  in  the  military  or  naval 
service  of  the  United  States,  in  the  line  of  duty. 

II.  Widows  of  officers,  soldiers,  or  seamen  dying  of  wounds  received 
or  of  disease  contracted  in  the  military  or  naval  service,  as  above. 

III.  Children,  under  sixteen  years  of  age,  of  such  deceased  per- 
sons, if  there  is  no  widow  surviving,  or  from  the  time  of  the  widow's 
re-marriage. 

TV.  Mothers  (who  have  no  husband  living)  of  officers,  soldiers,  or 
seamen,  deceased  as  aforesaid,  provided  the  latter  have  left  neither 
widow  nor  children  under  sixteen  years  of  age;  and  provided,  also, 
that  the  mother  was  dependent,  wholly  or  in  part,  upon  the  deceased 
for  support. 

y.  Sisters,  under  sixteen  years  of  age,  of  such  deceased  persons, 
dependent  on  the  latter,  wholly  or  in  part,  for  support,  provided 
there  are  no  rightful  claimants  of  either  of  the  three  last  preceding 
classes. 

The  rates  of  pension  to  the  several  classes  and  grades  are  dis- 
tinctly set  forth  in  the  first  section  of  the  act,  a  copy  of  which  is 
herewith  published.  Only  one  full  pension  in  any  case  will  be 
allowed  to  the  relatives  of  a  deceased  officer,  soldier,  or  seaman,  and 
in  order  of  precedence  as  set  forth  above.  When  more  than  one 
minor  child  or  orphan  sister  thus  becomes  entitled  to  pension,  the 
same  must  be  divided  equallj^  between  them. 

Invalid  pensions,  under  this  law,  will  commence  from  the  date  of 
the  pensioner's  discharge  from  service,  provided  application  is  made 
within  one  year  thereafter.  If  the  claim  is  not  made  until  a  later 
date,  the  pension  will  commence  from  the  time  of  the  application. 
Pensions  of  widows  and  minors  will  commence  from  the  death  of  the 
officer,  soldier,  or  seaman  on  whose  service  the  claim  is  based. 


NAVY   PENSIONS. 

To  obtain  the  navy  pensions  provided  by  this  act  applications  must 
be  made,  and  evidence  filed,  in  strict  accordance  with  the  following- 
rules  and  forms  : 

Invalids,  at  the  time  of  their  discharge,  may  make  their  applica- 
tion, and  subscribe  the  same  in  the  presence  of  the  commanding  or 
executive  officer  of  the  vessel  or  station  to  which  they  have  been 
attached,  who  will  countersign  the  same,  and  certify  to  the  appli- 
cant's identity.  The  claimant  Avill  therewith  forward  the  paymaster's 
certificate  of  discharge,  indorsed  on  his  application  by  the  paymaster 
or  executive  officer. 

If  the  application  be  made  at  a  later  date,  it  must  be  before  a  court 
of  record,  or  before  some  officer  of  such  court  authorized  to  admin- 
ister oaths  and  having  custody  of  its  seal. 

Testimony  may  be  taken  before  a  justice  of  the  peace,  or  other  offi- 
cer having  like  authority  to  administer  oaths,  but  in  no  case  will  any 
evidence  be  received  that  is  verified  before  an  officer  who  is  con- 
cerned in  prosecuting  the  claim,  or  has  a  manifest  interest  therein. 

The  subjoined  forms,  marked,  respectively,  A,  B,  C,  D,  E,  and  F, 
will  guide  applicants  for  pensions,  of  the  navy  branch,  in  the  several 
classes.  The  forms  should  be  exactly  followed  in  every  instance.  No 
attorney  will  be  regarded  as  having  filed  the  necessary  declaration 
and  affidavits,  as  contemplated  by  the  sixth  section  of  the  act, 
unless  the  forms,  as  well  as  the  instructions  given  in  this  pamphlet, 
are  strictly  complied  with. 

In  support  of  the  allegations  made  in  the  claimant's  declaration, 
testimony  will  be  required  in  accordance  with  the  following  rules: 

1.  The  claimant's  identity  must  be  proved  by  two  witnesses,  certi- 
fied by  a  judicial  officer  to  be  respectable  and  credible,  who  are  present 
and  witness  the  signature  of  the  declarant,  and  who  state,  upon  oath 
or  affirmation,  their  belief,  either  from  personal  acquaintance  or  for 
other  reasons  given,  that  he  or  she  is  the  identical  person  he  or  she 
represents  himself  or  herself  to  be. 

2.  Every  applicant  for  an  invalid  pension  must,  if  in  his  power, 
produce  the  certificate  of  some  commissioned  officer  under  whom  he 
served,  distinctly  stating  the  time  and  place  of  the  said  applicant's 
having  been  wounded  or  otherwise  disabled,  and  the  nature  of  the 
disability,  and  that  the  said  disability  arose  while  he  was  in  the  ser- 
vice of  the  United  States  and  in  the  line  of  his  duty. 


5 

3.  If  it  be  impracticable  to  obtain  such  certificate,  by  reason  of  the 
death  or  removal  of  said  officers,  it  must  be  so  stated,  under  oath,  by 
the  applicant,  and  his  averment  of  the  fact  proved  by  persons  of 
known  respectability,  who  must  state  particularly  all  the  knowledge 
they  may  possess  in  relation  to  such  death  or  removal;  then  secondary 
evidence  can  be  received.  In  such  case  the  applicant  must  produce 
the  testimony  of  at  least  two  credible  witnesses,  (who  were  in  a  con- 
dition to  know  the  facts  about  which  they  testify,)  whose  good  char- 
acter must  be  vouched  for  by  a  judicial  officer,  or  by  some  one  known 
to  the  department.  The  witnesses  must  give  a  minute  narrative  of 
the  facts  in  relation  to  the  matter,  and  must  show  how  they  obtained 
a  knowledge  of  the  facts  to  which  they  testify. 

4.  The  surgeon's  certificate  for  discharge  should  show  the  character 
and  degree  of  the  claimant's  disability;  but  when  that  is  wanting, 
and  when  the  certificate  of  a  navy  surgeon  or  of  a  board  of  survey  is 
not  obtainable,  that  fact  must  be  satisfactorily  explained,  and  the  cer- 
tificate of  two  respectable  civil  surgeons  will  be  received,  in  accord- 
ance with  form  F.  These  surgeons  must  give  in  their  certificate  a 
particular  description  of  the  wound,  injury,  or  disease,  and  specify 
how  and  in  what  manner  his  present  condition  and  disability  are  con- 
nected therewith.  The  degree  of  disability  for  obtaining  subsistence 
by  manual  labor  must  also  be  stated. 

5.  The  habits  of  the  applicant,  and  his  occupation  since  he  left  the 
service,  must  be  shown  by  at  least  two  credible  witnesses. 

If  the  applicant  claims  a  pension  as  the  widow  of  a  deceased  officer 
or  seaman,  she  must  prove  the  legality  of  her  marriage,  the  death  of 
her  husband,  and  that  she  is  still  a  widow.  She  must  also  furnish  the 
names  and  ages  of  her  children  under  sixteen  years  of  age  at  her  hus- 
band's decease,  and  the  place  of  their  residence.  On  a  subsequent 
marriage  her  pension  will  cease,  and  the  minor  child  or  children  of 
the  deceased  officer  or  soldier,  if  any  be  living,  under  the  age  of  six- 
teen years,  will  be  entitled  to  the  same  in  her  stead  from  the  date  of 
such  marriage. 

Proof  of  the  marriage  of  the  parents  and  of  the  age  of  claimants 
will,  in  like  manner,  be  required  in  all  applications  in  behalf  of  minor 
children. 

The  legality  of  the  marriage  may  be  asceitained  by  the  certificate 
of  the  clergyman  who  joined  them  in  wedlock,  or  by  the  testimony  of 


respectable  persons  having  knowledge  of  the  fact,  in  default  of  record 
evidence.  The  ages  and  number  of  children  may  be  ascertained  by 
the  deposition  of  the  mother,  accompanied  by  the  testimony  of  re- 
spectable persons  having  knowledge  of  them,  or  by  transcripts  from 
the  parish  or  town  registers,  duly  authenticated. 

Similar  proof  will  be  required  of  the  marriage  of  the  claimant,  if 
the  mother  of  a  deceased  officer  or  seaman,  and  that  she  remains  a 
widow. 

If  the  claimant  be  a  dependent  sister,  like  proof  will  be  required 
of  the  marriage  of  her  parents,  and  of  her  relationship  to  the  de- 
ceased. 

Guardians  of  minor  claimants  must,  in  all  cases,  produce  evidence 
of  their  authority  as  such,  under  the  seal  of  the  court  from  which 
their  appointment  is  obtained. 

Applicants  of  the  last  four  classes  above  given,  who  have  in  any 
manner  aided  or  abetted  the  rebellion  against  the  United  States  gov- 
ernment, are  not  entitled  to  the  benefits  of  this  act. 

Attorneys  for  claimants  must  have  proper  authority  from  those  in 
whose  behalf  they  appear.  Powers  of  attorney  must  be  signed  in  the 
presence  of  two  witnesses,  and  acknowledged  before  a  duly  qualified 
officer,  whose  official  character  must  be  certified  under  seal. 

In  all  cases  the  post  office  address  of  the  claimant  must  be  distinctly 
stated. 

Applications  under  this  act  will  be  numbered  and  acknowledged,  to 
be  acted  on  in  their  turn.  In  filing  additional  evidence,  correspond- 
ents should  always  give  the  number  of  the  claim  as  well  as  the  name 
of  the  claimant. 

JOSEPH  H.  BARRETT, 

Commissiorijer. 

Pension  Office,  July  21,  1862. 


A. 

FORM  OF  DECLARATION  FOR  A  NAVY  INVALID  PENSION. 

State  [District  or  Territory]  of ,  ) 

County  of ,  ) 

On  tills day  of ,  A.  D.  one  thousand  eight  hundred  and , 

personally  appeared  before  me, [here  state  the  official  character  of  the 

person  adinifiistering  the  oath]  within  and  for  the  county  and  State  aforesaid, 

A.  B.,  aged years,  a  resident  of  ■ ,  in  the  State  of ,  who, 

being  duly  sworn  according  to  law,  declares  that  he  is  the  identical who 

enlisted  in  the  naval  service  of  the  United  States  at ,  on  the day 

of ,  in  the  year ,  as  a ,  and  was  honorably  discharged  on 

the day  of ,  in  the  year  ,  at  ;   that  his   personal 

description  is  as  follows :  [here  state  height,  complexion,  color  of  hair,  occupa- 
tion, Sfc.)]  that  while  in  the  sei^vdce  aforesaid,  and  in  the  line  of  his  duty,  he 
received  the  following  wound  (or  other  disability,  as  the  case  may  be) :  [Here 
give  a  particular  and  minute  account  of  the  wound  or  other  injury,  and  state 
how,  when,  and  where  it  occurred,  where  the  applicant  has  resided  since  leaving 
the  service,  and  what  has  been  his  occupation!]  He  makes  this  application  in 
order  to  secure  the  benefits  of  the  act  granting  pensions,  approved  July  14, 
1862. 

(Signature  of  claimant.) 

Also  personally  appeared and ,  residents  of  [county,  city,  or 

town,)  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit,  and  who, 

being  by  me  duly  sworn,  say  that  they  were  present  and  saw sign  his 

name  [or  make  his  mark)  to  the  foregoing  declaration ;  and  they  further  swear 
that  they  have  every  reason  to  believe,  from  the  appearance  of  the  applicant  and 
their  acquaintance  with  him,  that  he  is  the  identical  person  he  represents  him- 
self to  be  ;  and  they  further  state  that  they  have  no  interest  in  the  prosecution 
of  this  claim. 

(Signatures  of  witnesses.) 

Sworn  to  and  subscribed  before  me  this day  of ,  A.  D.  186 — ; 

and  I  hereby  certify  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecu- 
tion of  this  claim. 

(Signature  of  judge  or  other  officer.) 

Applicant's  post  office  address  : 


B. 

FORM  OF  DECLARATION  FOR  OBTAINING  A  WIDOW'S  NAVY  PENSION. 


-I 


State  [Territory  or  District]  of 
County  of , 

On  this day  of ,  A.  D. ,  personally  appeared  before  me 

of  the ,  A.  B.,  a  resident  of ,  in  the  county  of  ■ 


and  State  [Territory  or  District]  of ,  aged years,  who,  being  first 

duly  sworn  according  to  law,  doth  on  her  oath  make  the  following  declaration, 
in  order  to  obtain  the  benefits  of  the  provision  made  by  the  act  of  Congress 

approved  July  14,  1862,  granting  pensions  :  That  she  is  the  widow  of , 

who  was  a ,  [here  state  decedent's  service,]  who  [here  specify  the  time, 

place,  and  cause  of  dcath\     She  further  declares  that  she  was  married  to  the 


said  — on  the day  of ,  in  the  year  ;  that  her  hus- 
band, the  aforesaid ,  died  on  the  day  above  mentioned,  and  that  she  has 

remained  a  widow  ever  since  that  period,  [oj-  if  she  has  rc-marrkd  and  again 
hecome  a  widoiv,  the  fact  must  be  stated,)  as  will  more  fully  appear  by  reference 

to  the  proof  hereto  annexed.     The  personal  description  of  the  said ,  her 

deceased  husband,  is  as  follows:  [here  state  his  age,  height,  complexion,  occupa- 
tion, <^r.]  She  also  declares  that  she  has  not  in  any  manner  been  engaged  in,  or 
aided  or  abetted,  the  rebellion  in  the  United  States. 

(Declarant's  signature.) 

Also  personally  appeared and  ,  residents  of  (county,  city,  or 

town,)  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit,  and  who, 

being  by  me  duly  sworn,  say  that  they  were  present  and  saw sign  her 

name  (or  make  her  mark)  to  the  foregoing  declaration ;  and  they  further  swear 
that  they  have  every  reason  to  believe,  from  the  appearance  of  the  applicant 
and  their  acquaintance  with  her,  that  she  is  the  identical  person  she  represents 
herself  to  be,  and  that  they  have  no  interest  in  the  prosecution  of  this  claim. 

(Signature  of  witnesses.) 

Sworn  to  and  subscribed  before  me  this day  of ,  A.  D.  186 — ; 

and  I  hereby  certify  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution 
of  this  claim. 

(Signature  of  judge  or  other  officer.) 

Applicant's  post  office  address  : 


C. 

FORM  OF  DECLARATION  FOR  MINOU   CHILDREJT  IN  ORDER  TO  OBTAIN  NAVY 

PENSION. 


State  [Territory  or  District]  of 
County  of , 


-\ 


On  this day  of ,  A.  D. ,  personally  appeared  before  mc 

of  the ,  A.  B.,  a  resident  of ,  in  the  county  of 


and   State  [Territory  or  District]  of ,  aged  years,  who,  being 

first  duly  SAVorn  according  to  law,  doth  on  oath  make  the  following  declaration, 
as  guardian  of  the  minor  child  of ,  deceased,  in  order  to  obtain  the  ben- 
efits of  the  provision  made  by  the  act  of  Congress,  approved  July  14,  1862, 
granting  pensions  to  minor  children,  under  sixteen  years  of  age,  of  deceased 

officers  and  seamen;   that  he  is  the  guardian  of ,    [naming  the  minor 

child  or  children,  his  ward  or  wards,]  whose  fixther  was  a ,  [here  state 

decedent's  service;]  and  that  the  said died  at on  the day 

of ,  in  the  year ,  [here  state  the  cause  of  death ;]  that  the  mother 

of  the  child aforesaid  died  (or  again  married,  being  now  the  Avife  of ,) 

on  the day  of ,  in  the  year ;  and  that  the  date  of  birth  of 

his  said  ward —  as  follows  : 

He  further  declares  that  the  parents  of  his  said  ward —  were  married  at 
,  on  the day  of ,  in  the  year ,  by 


(Guardian's  signature.) 

Sworn  to  and  subscribed  on  the  day  and  year  first  above  written,  before 
•;  and  I  hereby  certify  that  I  have  no  interest,  direct  or  indirect,  in  the 


prosecution  of  this  claim. 

(Signature  of  judge  or  other  officer. 


D. 

FORM  OF  DECLARATION  FOR  MOTHER'S  APPLICATION  FOR  NAVY  PENSION. 

State  [Territory  or  District]  of ,  ) 

County  of- ,  j 

Ou  tliis day  of ,  A.  D. ,  personally  appeared  before  the 

,  of  the ,  A.  B.,  a  resident  of ,  in  the  county  of 


and  State  [Territory  or  District]  of  ,  aged years,  who,  being  first 

duly  sworn  according  to  law,  doth  on  her  oath  make  the  following  declaration, 
in  order  to  obtain  the  benefits  of  the  provisions  made  by  the  act  of  Congress 

approved  July  14,  1862,  granting  pensions:  That  she  is  the  widow  of , 

and  mother  of ,  who  was  a  [here  state  decedent's  service  and 

personal  description,]  who [here  state  the  time,  place,  and  cause  of  death.] 

She  further  declares  that  her  said  son,  upon  whom  she  was  wholly  or  in  part 
dependent  for  support,  having  left  no  widow  or  minor  child  under  sixteen  years 
of  age  surviving,  declarant  makes  this  application  for  a  pension  under  the  above- 
mentioned  act,  and  refers  to  the  evidence  filed  herewith,  and  that  in  the  proper 
department,  to  establish  her  claim. 

She  also  declares  that  she  has  not,  in  any  way,  been  engaged  in,  or  aided  or 
abetted,  the  rebellion  in  the  United  States ;  that  she  is  not  in  the  receipt  of  a 
pension  under  the  2d  section  of  the  act  above  mentioned,  or  under  any  other 

act,  nor  has  she  again  married  since  the  death  of  her  son,  the  said . 

(Declarant's  signature.) 

Also  personally  appeared and ,  residents  of  (county,  city,  or 

town,)  persons  Avhom  I  certify  to  be  respectable  and  entitled  to  credit,  and  who, 

being  by  me  duly  sworn,  say  that  they  were  present  and  saw sign  her 

name  (or  make  her  mark)  to  the  foregoing  declaration ;  and  they  further  swear 
that  they  have  every  reason  to  believe,  from  the  appearance  of  the  applicant 
and  their  acquaintance  with  her,  that  she  is  the  identical  person  she  represents 
herself  to  be. 

(Signatures  of  witnesses.) 

Sworn  to  and  subscribed  before  me  this day  of  ,  A.  D.  186 — ; 

and  I  hereby  certify  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution 
of  this  claim. 


Applicant's  post  office  address : 


(Signature  of  judge  or  other  officer.) 


E. 

FORM  OF  DECLARATION  OF  ORPHAN  SISTERS  FOR  NAVY  PENSION. 


State  [Territory  or  District]  of 
County  of , 


■'I 


On  this day  of ,  A.  D. ,  personally  appeared  before  the 

-,  of  the ,  A.  B.,  a  resident  of ,  in  the  countv  of ,  and 


State  [Territory  or  District]  of ,  aged years,  Avho,  being  first  duly 

sworn  according  to  law,  doth  on  oath  make  the  following  declaration,  in  order  to 
obtain  a  pension  under  the  act  of  July  14, 1862 :  That  he  is  the  legally-appointed 
guardian  of  [here  give  the  names  and  ages  of  his  ward  or  wards,]  who the 


10 

only  surviving  child ,  under  sixteen  years  of  age,  of ,  and ,  his 

yfife,  and  sister —  of ,  Avho  was  a   [here  state  decedent's  sor%aces  and 

personal  description]  who  [here  state  the  time,  place,  and  cause  of  his  death  ] 
That  the  bi'other  of  his  said  ward — ,  upon  whom  they  were  wholly  or  in  part 
dependent  for  support,  having  left  no  Avidow,  minor  child  or  children,  or  mother, 
declarant  as  guardian,  and  on  behalf  of  his  ward — ,  refers  to  the  accompanying 
evidence,  and  such  as  may  be  found  in  the  department,  to  establish  her  (or 
their)  claim  under  the  law  above  named. 

He  further  declares  that  his  said  ward not  in  the  receipt  of  any  pen- 
sion under  said  act. 

(Guardian's  signature.) 

Sworn  to  and  subscribed  before  me  this day  of ,  A.  D.  186 — ; 

and  I  hereby  certify  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecu- 
tion of  this  claim. 

(Signature  of  judge  or  other  officer.) 

Applicant's  post  office  address : 


F. 

FORM  OF  SURGEONS'  AFFIDAVIT. 

[If  the  claimant  for  a  pension  has  not  been  examined,  and  the  degree  of  his 
disability  certified,  before  his  discharge,  by  a  navy  surgeon,  and  if  the  certifi- 
cate of  a  navy  surgeon  or  a  board  of  survey  is  not  obtainable,  on  satisfactory 
explanation  of  this  fact,  he  may  produce  the  affidavit  of  two  surgeons  repu- 
table in  their  profession,  and  certified  as  such  by  the  magistrate  before  whom 
their  statement  is  sworn  to,  in  accordance  with  the  following  form:] 

(Date.) 

It  is  hereby  certified  that ,  who  was  a in  the  naval  service  of 

the  United  States,   [here  state  the  vessel  or  station  on  which  applicant  was 

engaged,  and  his  particular  service,]  is  suffering  from* ,  and  he  is  thereby 

not  only  incapacitated  for  naval  duty,  but,  in  the  opinion  of  the  undersigned,  ist 

disabled  from  obtaining  his   subsistence  from  manual  labor.     And  we 

further  certify  that  upon  satisftictory  evidence  and  after  accurate  examination, 
we  believe  the  said  disability  was  incurred  in  the  naval  service  of  the  United 
States  and  in  the  line  of  duty. 

,  Surgeon. 

,  Surgeon. 


Sworn  to  and  subscribed  before  me  this day  of ,  A.  D.  186 — ; 

and  I  hereby  certify  that  the   said  and  are  known  to  me  as 

surgeons  in  actual  practice,  reputable  in  their  profession,  and  that  I  have  no 
interest,  direct  or  indirect,  in  the  prosecution  of  this  claim. 

(Magistrate's  signature.) 

*Here  give  a  particular  descrii)tion  of  tlie  wound,  injury,  or  disease,  and  specify  in  what 
manner  it  has  affected  the  applicant  so  as  to  produce  disability  in  the  degree  stated. 

-j-The  blank  in  the  last  line  but  one  is  to  Ije  filled  up  with  the  proportional  "degree" 
of  disability;  for  example:  "three-fourths,"  "one-half,"  "one-third,"  &c.,  or  "to- 
tally/' as  the  case  may  be. 


11 


AN  ACT  TO  GRANT  PENSIONS. 

Be  if  enacted  by  the  Se?iate  a  fid  House  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled,  That  if  cany  officer,  non-commissioned  oiEcer, 
musician,  or  private  of  the  army,  iachiding  reguhirs,  volunteers,  and  militia,  or 
any  officer,  warrant  or  petty  officer,  musician,  seaman,  ordinary  seaman,  flotilla- 
man,  marine,  clerk,  landsman,  pilot,  or  other  person  in  the  navy  or  marine  corps, 
has  been,  since  the  fourth  day  of  March,  eighteen  hundred  and  sixty-one,  or 
shall  hereafter  he,  disabled  by  reason  of  any  wound  received  or  disease  con- 
tracted while  in  the  service  of  the  United  States,  and  in  the  line  of  duty,  he 
shall,  upon  making  due  proof  of  the  fact  according  to  such  forms  and  regulations 
as  are  or  may  be  provided  by  or  in  pursuance  of  law,  be  placed  upon  the  list  of 
invalid  pensions  of  the  United  States,  and  be  entitled  to  receive,  for  the  highest 
rate  of  disability,  such  pension  as  is  hereinafter  provided  in  such  cases,  and  for 
an  inferior  disability  an  amount  proportionate  to  the  highest  disability,  to  com- 
mence as  hereinafter  provided,  and  continue  during  the  existence  of  such  dis- 
ability. The  pension  for  a  total  disability  for  officers,  non-commissioned  officers, 
musicians,  and  privates  employed  in  the  military  service  of  the  United  States, 
whether  regulars,  volunteers,  or  militia,  and  in  the  marine  corps,  shall  be  as  fol- 
lows, viz :  Lieutenant  colonel,  and  all  officers  of  a  higher  rank,  thirty  dollai'S 
j)er  mouth;  major,  twenty-five  dollars  per  month;  captain,  twenty  dollars  per 
month;  first  lieutenant,  seventeen  dollars  per  month;  second  lieutenant,  fifteen 
dollars  per  month;  and  non-commissioned  officers,  musicians,  and  privates,  eight 
dollars  per  month.  The  pension  for  total  disability  for  officers,  warrant  or  petty 
officers,  and  others  employed  in  the  naval  service  of  the  United  States,  shall  be 
as  follows,  viz  :  Captain,  commander,  surgeon,  paymaster,  and  chief  engineer, 
respectively,  ranking  with  commander  by  law,  lieutenant  commanding,  and  mas- 
ter commanding,  thirty  dollars  per  month;  lieutenant,  surgeon,  paymaster,  and 
chief  engineer,  respectively,  ranking  with  lieutenant  by  law,  and  passed  assistant 
surgeon,  twenty-five  dollars  per  month ;  professor  of  mathematics,  master,  as- 
sistant surgeon,  assistant  paymaster,  and  chaplain,  twenty  dollars  per  month  ; 
first  assistant  engineers  and  pilots,  fifteen  dollars  per  month;  passed  midship- 
man, midshipman,  captain's  and  paymaster's  clerk,  second  and  third  assistant 
engineer,  masters'  mate,  and  all  warrant  officers,  ten  dollars  per  month ;  all 
petty  officers,  and  all  other  persons  before  named  employed  in  the  naval  sei-vice, 
eight  dollars  per  month;  and  all  commissioned  officers  of  either  service  shall 
receive  such  and  only  such  pension  as  is  herein  provided  for  the  rank  in  which 
they  hold  commissions. 

Sec.  2.  And  be  it  further  enacted,  That  if  any  officer  or  other  person  named 
in  the  first  section  of  this  act  has  died  since  the  fourth  day  of  March,  eighteen 
hundred  and  sixty-one,  or  shall  hereafter  die,  by  reason  of  any  wound  received 
or  disease  contracted  while  in  the  service  of  the  United  States,  and  in  the  line 
of  duty,  his  widow,  or,  if  there  be  no  widow,  his  child  or  children  under  sixteeu 
years  of  age,  shall  be  entitled  to  receive  the  same  pension  as  the  husband  or 
father  would  have  been  entitled  to  had  he  been  totally  disabled,  to  commence 
from  the  death  of  the  husband  or  fixther,  and  to  continue  to  the  widow  during 
her  widowhood,  or  to  the  child  or  children  until  they  severally  attain  to  the  age 
of  sixteen  years,  and  no  longer. 

Sec.  3.  And  be  it  further  enacted,  That  where  any  officer  or  other  person 
named  in  the  first  section  of  this  act  shall  have  died  subsequently  to  the  tburth 
day  of  March,  eighteen  hundred  and  sixty-one,  or  shall  hereafter  die,  by  reason 
of  any  wound  received  or  disease  contracted  while  in  the  service  of  the  United 
States,  and  in  the  line  of  duty,  and  has  not  left  or  shall  not  leave  a  widow  nor 
legitimate  child,  but  has  left  or  shall  leave  a  mother  who  was  dependent  upon  him 


12 

for  support,  in  whole  or  in  part,  tlie  mother  sliall  ho  entitled  to  receive  the  same 
pen.*iou  as  such  otficer  or  other  person  -would  have  Ijeen  entitled  to  had  he  heeu 
totally  disabled ;  which  pension  shall  commence  from  the  death  of  the  officer  or 
other  person  dying  as  aforesaid :  Provided,  however.  That  if  such  mother  shall 
herself  be  in  receipt  of  a  pension  as  a  widow,  in  virtue  of  the  provisions  of  the 
second  section  of  this  act,  in  that  case  no  pension  or  alloAvance  shall  be  granted 
to  her  on  account  of  her  son,  unless  she  gives  up  the  other  pension  or  allowance: 
And  provided,  further ,  That  the  pension  given  to  a  mother  on  account  of  her  son 
shall  terminate  on  her  re-marriage :  And  provided,  further,  That  nothing  herein 
shall  be  so  construed  as  to  entitle  the  mother  of  an  officer  or  other  person  dying, 
as  aforesaid,  to  more  than  one  pension  at  the  same  time  under  the  provisions  of 
this  act. 

Sec.  4.  And  le  it  further  enacted,  That  where  any  officer  or  other  person 
named  in  the  first  section  of  this  act  shall  have  died  subsequently  to  the  fourth 
day  of  March,  eighteen  hundred  and  sixty-one,  or  shall  hereafter  die,  by  reason 
of  any  wound  received  or  disease  contracted  while  in  the  service  of  the  United 
States,  and  in  the  line  of  duty,  and  has  not  left  or  shall  not  leave  a  widow,  nor 
legitimate  child,  nor  mother,  but  has  left  or  may  leave  an  orphan  sister  or  sisters 
imder  sixteen  years  of  age,  who  were  dependent  upon  him  for  support,  in  whole 
or  in  part,  such  sister  or  sisters  shall  be  entitled  to  receive  the  same  pension  as 
such  officer  or  other  person  would  have  been  entitled  to  had  he  been  totally  dis- 
abled ;  which  pension  to  said  orphan  shall  commence  from  the  death  of  the  officer 
or  other  person  dying  as  aforesaid,  and  shall  continue  to  the  said  orphans  until 
they  severally  an-ive  at  the  age  of  sixteen  years,  and  no  longer:  Provided,  how- 
ever. That  nothing  herein  shall  be  so  construed  as  to  entitle  said  orphans  to 
more  than  one  pension  at  the  same  time,  under  the  provisions  of  this  act :  And 
provided,  further,  That  no  moneys  shall  be  paid  to  the  widow,  or  children,  or 
any  heirs  of  any  deceased  soldier  on  account  of  bounty,  back  pay,  or  pension, 
who  have  in  any  way  been  engaged  in  or  who  have  aided  or  abetted  the  existing 
rebellion  in  the  United  States ;  but  the  right  of  such  disloyal  widow  or  children, 
heir  or  heirs  of  such  soldier,  shall  be  vested  in  the  loyal  heir  or  heirs  of  the 
deceased,  if  anj'  there  be. 

Sec.  5.  And  he  it  further  enacted.  That  pensions  which  may  be  granted,  in 
pursuance  of  the  provisions  of  this  act,  to  persons  who  may  have  been,  or  shall 
be,  employed  in  the  military  or  naval  service  of  the  United  States,  shall  com- 
mence on  the  day  of  the  discharge  of  such  persons  in  all  cases  in  which  the 
application  for  such  provisions  [pensions]  is  filed  within  one  year  after  the  date 
of  said  discharge ;  and  in  cases  in  which  the  application  is  not  filed  during  said 
year,  pensions  granted  to  persons  employed  as  aforesaid  shall  commence  on  the 
day  of  the  filing  of  the  application. 

Sf.c.  6.  And  he  it  further  enacted.  That  the  fees  of  agents  and  attorneys  for 
making  out  and  causing  to  be  executed  the  papers  necessary  to  establish  a  claim 
for  a  pension,  bounty,  and  other  allowance  before  the  Pension  Office  under  this 
act,  shall  not  exceed  the  following  rates  :  For  making  out  and  causing  to  be 
duly  executed  a  declaration  by  the  applicant,  with  the  necessary  affidavits,  and 
forwarding  the  same  to  the  Pension  ( )ffice,  with  the  requisite  correspondence, 
five  dollars.  In  cases  wherein  additional  testimony  is  required  by  the  Connuis- 
sioner  of  Pensions,  for  each  affidavit  so  required  and  executed  and  forwaidi'd, 
(except  the  affidavits  of  surgeons,  for  which  such  agents  and  attorneys  shall  not 
be  entitled  to  any  fees,)  one  dollar  and  fifty  cents. 

Sec.  7.  And  he  it  further  enacted.  That  any  agent  or  attorney  who  shall, 
directly  or  indirectly,  demand  or  receive  any  greater  compensation  for  his  ser- 
vices imder  this  act  than  is  prescribed  in  the  preceding  section  of  this  act,  or 
who  shall  contract  or  agree  to  prosecute  any  claim  for  a  pension,  bounty,  or 
other  allowance  under  this  act,  on  the  condition  that  he  shall  receive  a  per  centum 
upon,  or  any  portion  of  the  amount  of  such   claim,  or   who  shall  wrongfully 


13 

■vvitlihold  from  a  pensioner  or  other  claimant  the  Avhole  or  any  part  of  the  pen- 
sion or  claim  allowed  and  due  to  such  pensioner  or  claimant,  shall  be  deemed 
guilty  of  a  high  misdemeanor,  and  vipon  conviction  thereof  shall  for  every  such 
offence,  be  fined  not  exceeding  three  hundred  dollars,  or  imprisoned  at  hard 
labor  not  exceeding  two  years,  or  both,  according  to  the  circumstances  and  ag- 
gravations of  the  offence. 

Sec.  8.  A/id  be  it  further  enacted,  That  the  Commissioner  of  Pensions  be, 
and  he  is  hereby,  empowered  to  appoint,  at  his  discretion,  civil  surgeons  to  make 
the  biennial  examinations  of  pensioners  which  are  or  may  be  required  to  be 
made  by  law,  and  to  examine  applicants  for  invalid  pensions,  where  he  shall 
deem  an  examination  by  a  surgeon  to  be  appointed  by  him  necessary ;  and  the 
fees  for  each  of  such  examinations,  and  the  requisite  certificate  thereof,  shall  be 
one  dollar  and  fifty  cents,  which  fees  shall  be  paid  to  the  surgeon  by  the  per- 
son examined,  for  which  he  shall  take  a  receipt  and  forward  the  same  to  the 
Pension  Office ;  and  upon  the  allowance  of  the  claim  of  the  person  examined, 
the  Commissioner  of  Pensions  shall  furnish  to  such  person  an  order  on  the  pen- 
sion agent  of  his  State  for  the  amount  of  the  surgeon's  fees. 

Sec.  9.  And  be  it  further  enacted,  That  the  Commissioner  of  Pensions,  on 
application  made  to  him  in  person  or  by  letter  by  any  claimants  or  applicants 
for  pension,  bounty,  or  other  allowance  required  by  law  to  be  adjusted  and  paid 
by  the  Pension  Office,  shall  furnish  such  claimants,  free  of  all  expense  or  charge 
to  them,  all  such  printed  instructions  and  forms  as  may  be  necessary  in  estab- 
lishing and  obtaining  said  claim ;  and  in  case  such  claim  is  prosecuted  by  an 
agent  or  attorney  of  such  claimant  or  applicant,  on  the  issue  of  a  certificate  of 
jDension  or  the  granting  of  a  bounty  or  allowance,  the  Commissioner  of  Pensions 
shall  forthwith  notify  the  applicant  or  claimant  that  such  certificate  has  been 
issued  or  allowance  made,  and  the  amount  thereof. 

Sec.  10.  And  be  it  further  enacted.  That  the  pilots,  engineers,  sailors,  and 
crews  upon  the  gunboats  and  war  vessels  of  the  United  States,  who  have  not 
been  regularly  mustered  into  the  service  of  the  United  States,  shall  be  entitled 
to  the  same  bounty  allowed  to  persons  of  corresponding  rank  in  the  naval  ser- 
vice, provided  they  continue  in  service  to  the  close  of  the  present  war ;  and  all 
persons  serving  as  aforesaid,  who  have  been  or  may  be  Avounded  or  incapacitated 
for  service,  shall  be  entitled  to  receive  for  such  disability  the  })ension  allowed  by 
the  provisions  of  this  act  to  those  of  like  rank,  and  each  and  every  such  person 
shall  receive  pay  according  to  corresponding  rank  in  the  naval  service :  pro- 
vided. That  no  person  receiving  jx'nsion  or  bounty  under  the  provisions  of  this 
act  shall  receive  either  pension  or  bounty  for  any  other  service  in  the  present 
war. 

Sec.  11.  And  he  it  further  enacted.  That  the  Avidows  and  heu-s  of  all  persons 
described  in  the  last  preceding  section  who  have  been  or  may  be  employed  as 
aforesaid,  or  Avho  have  been  or  may  be  kiUed  in  battle,  or  of  those  Avho  have 
died  or  shall  die  of  wounds  received  while  so  employed,  shall  be  paid  the  bounty 
and  pension  allowed  by  the  provisions  of  this  act,  according  to  rank,  as  pro- 
vided in  the  last  preceding  section. 

Sec.  12.  And  he  it  further  enacted,  That  the  Secretary  of  the  Interior  be, 
and  he  is  hereby,  authorized  to  appoint  a  special  agent  for  the  Pension  Office, 
to  assist  in  the  detection  of  frauds  against  the  pension  laws,  to  cause  persons 
committing  such  frauds  to  be  prosecuted,  and  to  discharge  such  other  duties  as 
said  Secretary  may  require  him  to  perfonn ;  Avhich  said  agent  shall  receive  for 
his  services  an  annual  salary  of  twelve  hundred  dollars,  and  his  actual  travel- 
ling expenses  incurred  in  the  discharge  of  his  duties  shall  be  paid  by  the  gov- 
ernment. 

Sec.  13.  And  be  it  further  enacted.  That  all  acts  and  parts  of  acts  inconsistent 
with  the  provisions  of  this  act  be,  and  the  same  are  hereby,  repealed. 
Approved  July  14,  1862. 


14 


JOINT  RESOT.UnON  TO  GRANT   PENSIONS  TO   IIASTERS   AND  OFFICERS  UPON 
THE  GUNBOATS  IN  THE  SERVICE  OF  THE  UNITED  STATES. 

Resolved  hy  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  asse/nbled,  That  tlie  masters  serving  on  board  of  gun- 
boats employed  in  the  service  of  the  United  States  shall  be  entitled  to  all  the 
benefits,  including  bounty  and  pension,  provided  for  in  an  act  entitled  "  An  act 
to  grant  pensions,"  passed  during  the  present  session  of  Congress,  and  the 
widows,  mothers,  and  heirs  of  such  officers  shall  be  entitled  to  all  the  benefits 
of  said  act. 

Approved  July  16,  1862. 


© 


A3 


THE  LIBRARY                        ^^H 

gg 

UNIVERSITY  OF  CALIFORNIA               1 

B 

Santa  Barbara 

THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 

STAMPED  BELOW. 

i 

'*'. ,  ,■  »•   "^1 

Series  9482 

"^!W 

UC  SOUTHERN  REGIONAL  LIBRAR '  FACILITY 


D     000  274  040     5 


